167 P. 571 | Or. | 1917
delivered the opinion of the court.
The testimony on behalf of the plaintiff showed, in substance, that while he was engaged in making his round as watchman for the defendant company he found the door leading into Mill “C” open and, as required by the duties of his station, proceeded to close it. It was what is known as a sliding door hung upon overhead rollers. The paper was in bales weighing about 125 pounds each and was piled up to a height of about 8 or 9 feet and in such close proximity to the door that on undertaking to close it four of them fell down upon the plaintiff and injured bim in the manner described in the complaint. The only testimony on behalf of the defendant was that of two employees who testified substantially that they piled the paper in the usual way. It was shown in testimony, for the purpose of proving that it could be done, that after the accident the company caused stanchions to be
“And generally, all owners, contractors or subcontractors and other persons having charge of, or responsible for, any work involving a risk or danger to the employees, or the public, shall use every device, care and precaution which it is practicable to use for the protection and safety of life and limb, limited only by the necessity for preserving the efficiency of the structure, machine or other apparatus or device, and without regard to the additional cost of suitable material or safety appliance and devices.”
“If the work that the plaintiff engaged in was not work involving a risk or danger then any contributory negligence on the part of the plaintiff which contributed to approximately bring about the accident, then the plaintiff would not be entitled to recover anything on this action, provided of course that the contributory negligence of the plaintiff must have been in one or more of. the respects as set forth in defendant’s answer. ’ ’
This requested charge is so involved that instead of enlightening the jury it would have tended to confuse them and hence on that ground alone was properly refused. It is true that a party is entitled to have his theory of the case presented to the jury under proper instructions: Fiore v. Ladd, 25 Or. 423, 425 (36 Pac. 572); Farmers’ etc. Nat. Bank v. Woodell, 38
Affirmed.